Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3(1)---National Accountability Ordinance (XVIII of 1999), S.9---Constitution of Pakistan (1973), Arts. 15 & 199---Constitutional petition---Former officer of National Bank of Pakistan joined Development Bank of Afghanistan in Kabul as Chief Executive---Charge of embezzlement of huge amount---Placing of petitioner's name on Exit Control List on recommendation of National Accountability Bureau (NAB) in view of complaint filed by State Bank of Pakistan on basis of photocopies supplied by Afghan Government---Validity---Inquiry initiated by NAB against petitioner was still pending as Afghan Government had not provided original documents pertaining to alleged charge---Petitioner while serving in National Bank of Pakistan had not caused any loss to Government of Pakistan---No proceedings regarding extradition were pending against petitioner---Impugned order was not showing any ground for placing petitioner's name on Exit Control List---Liberty of petitioner guaranteed by the Constitution could not be curtailed for an unlimited period and that too on basis of photocopies for not having any evidentiary value in absence of original document---Absence of reason for placing petitioner's name on Exit Control List would amount to denial of his right guaranteed under the Constitution---Petitioner should have first approached Ministry of Interior for redressal of his grievance---High Court directed petitioner to apply to Ministry of Interior for getting his name removed from Exit Control List. Abdul Hafeez Pirzada and anotherv. Government of Pakistan and others 1989 CLC 79; Syed Abul Aala Moududi v. The State Bank of Pakistan and another PLD 1969 Lah. 608 and Habib Ullah Niazi v Federation of Pakistan PLD 2009 Kar. 243. ref. Wajid Shamsul Hassan v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad PLD 1997 Lah. 617 rel. Raja Rizwan Abbasi for Petitioner. Sh. Tanveer Ahmed for Respondents. Abdul Rehman Bhatti, Federal Counsel. Asghar Khan Assistant Director, NAB. Abdul Waheed, Section Officer, Ministry of Interior. ORDER MUHAMMAD AMJAD IQBAL QURESHI,…